North Dakota Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Confirm these laws on the State of North
Dakota DOE site's page regarding homeschooling.
CHAPTER 15.1-23
HOME EDUCATION
- 15.1-23-01. Definition
- 15.1-23-02. Statement of intent
to supervise home education.
- 15.1-23-03. Parental qualifications.
- 15.1-23-04. Required subjects -
Instructional time.
- 15.1-23-05. Academic records.
- 15.1-23-06. Required monitoring
of progress.
- 15.1-23-07. Required monitoring
of progress
- Reporting
of progress - Compensation.
- 15.1-23-08. Monitoring or test administration.
- 15.1-23-09. Standardized achievement
test.
- 15.1-23-10. Standardized achievement
test - Cost.
- 15.1-23-11. Standardized achievement
test - Results.
- 15.1-23-12. Remediation plan.
- 15.1-23-13. Disabilities - Services
plan.
- 15.1-23-14. Children with autism.
- 15.1-23-15. Children with autism
- Progress reports.
- 15.1-23-16. Participation in extracurricular
activities.
- 15.1-23-17. High school diplomas.
- 15.1-23-18. Liability.
- 15.1-23-19. State aid to school
districts.
15.1-23-01. Home education
Definition. For purposes of this chapter, "home education"
means a program of education supervised by a child's parent,
in the child's home, in accordance with the requirements of this
chapter.
15.1-23-02. Statement
of intent to supervise home education.
At least fourteen days before beginning home education or
within fourteen days of establishing a child's residence in a
school district, and once each year thereafter, a parent intending
to supervise or supervising home education shall file a statement,
reflecting that intent or fact, with the superintendent of the
child's school district of residence or if no superintendent
is employed, with the county superintendent of schools for the
child's county of residence.
1. The statement must include:
a. The name and address of the child receiving home education;
b. The child's date of birth;
c. The child's grade level;
d. The name and address of the parent who will supervise the
home education;
e. The qualifications of the parent who will supervise the
home education;
f. Any public school courses in which the child intends to
participate and the school district offering the courses; and
g. Any extracurricular activities in which the child intends
to participate and the school district or approved nonpublic
school offering the activities.
2. The statement must be accompanied by a copy of the child's
immunization record and proof of the child's identity as required
by section 54-23.2-04.2.
15.1-23-03. Home education - Parental
qualifications.
A parent may supervise home education if the parent:
1. Is licensed to teach by the education standards and practices
board or approved to teach by the education standards and practices
board;
2. Holds a baccalaureate degree;
3. Has met or exceeded the cutoff score of a national
teacher exam given in this state or in any other state if
this state does not offer such a test; or
4. Meets the requirements of section 15.1-23-06.
15.1-23-04. Home education - Required
subjects - Instructional time.
A parent supervising home education shall include instruction
in those subjects required by law to be taught to public school
students. The instruction must have a duration of at least four
hours each day for a minimum of one hundred seventy-five days
each year.
15.1-23-05. Home education - Academic
records.
A parent supervising home education shall maintain an annual record of courses taken
by the child and the child's academic progress assessments, including
any standardized achievement
test results. If the child transfers to a public school district,
the parent shall furnish the record, upon request, to the school
district superintendent or other administrator.
15.1-23-06. Home education - Required
monitoring of progress.
A parent who has a high school diploma or a general
education development certificate may supervise home education
but must be monitored in accordance with section 15.1-23-07
for the first two years.
If a child receiving home education obtains a basic composite
standardized achievement test score below the fiftieth percentile
nationally, the parent must be monitored for at least one additional
school year and until the child receives a test score at or above
the fiftieth percentile.
If testing is not required by section 15.1-23-07
during the first two years of monitoring, the period of monitoring
may not be extended, except upon the mutual consent of the parent
and the monitor.
If a parent completes the monitoring requirements of this
section for one child, the parent may not be monitored with respect
to other children for whom the parent supervises home education.
15.1-23-07. Home education - Required
monitoring of progress - Reporting of progress - Compensation.
1. If monitoring is required under section 15.1-23-06,
the school district shall assign and compensate an individual
to monitor a child receiving home education unless the parent
notifies the school district that the parent shall select and
compensate an individual to monitor the child.
2. The individual assigned by the school district or selected
by the parent under subsection 1 must be licensed to teach by
the education standards and practices board or approved to teach
by the education standards and practices board.
3. Twice during each school year, the individual shall report
the child's progress to the school district superintendent or
to the county superintendent if the district does not employ
a superintendent.
4. If one child receives home education, the individual shall
spend an average of one hour per week in contact with the child
and the child's parent. If two or more children receive home
education, the individual shall spend one-half hour per month
for each additional child receiving home education. If the child
attends a public or an approved nonpublic school, the time may
be proportionately reduced.
15.1-23-08. Monitoring or test
administration.
An individual who in accordance with this chapter monitors
a child receiving home education or who administers a standardized
achievement test to a child receiving home education shall notify
the child's school district of residence.
15.1-23-09. Home education - Standardized achievement test.
While in grades four, six, eight, and ten, each child receiving
home education shall take a standardized achievement test used
by the school district in which the child resides or, if requested
by the parent, shall take a nationally normed standardized achievement
test. The child shall take the test in the child's learning environment
or, if requested by the child's parent, in a public school. An
individual licensed to teach by the education standards and practices
board or approved to teach by the education standards and practices
board shall administer the test.
15.1-23-10. Home education - Standardized
achievement test - Cost.
1. If a child receiving home education takes the standardized
achievement test used by the school district in which the child
resides, the school district is responsible for the cost of the
test and for the cost of administering the test. The school district
shall ensure that the test is administered by an individual who
is employed by the district and who is licensed to teach by the
education standards and practices board or approved to teach
by the education standards and practices board.
2. a. If the child takes a nationally normed standardized
achievement test not used by the school district in which the
child resides, the child's parent is responsible for the cost
of the test.
b. The cost of administering a test under this subsection
is the responsibility of the child's parent if the test is administered
by an individual who is selected by the parent. An individual
selected by the child's parent to administer a test under this
subsection must be licensed to teach by the education standards
and practices board or approved to teach by the education standards
and practices board.
c. The cost of administering a test under this subsection
is the responsibility of the school district if, at the request
of the child's parent, the school district administers the test.
The school district shall ensure that the test is administered
by an individual who is employed by the district and who is licensed
to teach by the education standards and practices board or approved
to teach by the education standards and practices board.
15.1-23-11. Home education - Standardized
achievement test - Results.
1. A parent supervising home education shall file the results
of the child's standardized achievement test with the superintendent
of the district in which the child resides or with the county
superintendent if the district does not employ a superintendent.
2. If the child's basic composite score on a standardized
achievement test is less than the thirtieth percentile nationally,
a multidisciplinary assessment team shall assess the child for
a potential learning problem under rules adopted by the superintendent
of public instruction.
3. If the multidisciplinary assessment team determines that
the child is not disabled and the child's parent wishes to continue
home education, the parent, with the advice and consent of an
individual who is licensed to teach by the education standards
and practices board or approved to teach by the education standards
and practices board, shall prepare a remediation plan to address
the child's academic deficiencies and file the plan with the
superintendent of the school district or with the county superintendent
if the district does not employ a superintendent. The parent
is responsible for any costs associated with the development
of the remediation plan. If the parent fails to file a remediation
plan, the parent is deemed to be in violation of compulsory school
attendance provisions and may no longer supervise the home education
of the child.
15.1-23-12. Home education - Remediation
plan.
The superintendent of the school district shall use the remediation
plan required by section 15.1-23-11
as the basis for determining reasonable academic progress. The
remediation plan must remain in effect until such time as the
child achieves on a standardized achievement test a basic composite
score at or above the thirtieth percentile or a score, which
when compared to the previous year's test score, demonstrates
one year of academic progress. At the option of the parent, the
test may be one required by section 15.1-23-09
or one administered in a higher grade level. The child's parent,
with the advice and consent of an individual who is licensed
to teach by the education standards and practices board or who
is approved to teach by the education standards and practices
board, may amend the remediation plan from time to time in order
to accommodate the child's academic needs. If after a remediation
plan is no longer in effect the child fails to demonstrate reasonable
academic progress on a subsequent test required by this section,
a remediation plan must again be developed and implemented.
15.1-23-13. Home education - Disabilities
- Services plan.
1. If a multidisciplinary assessment team, using eligibility
criteria established by the superintendent of public instruction,
determines that the child is disabled, that the child requires
specially designed instruction due to the disability, and that
this instruction cannot be provided without special education
and related services, the parent may continue to supervise home
education, provided that:
a. The child does not have a developmental disability;
b. The parent files with the school district superintendent
a services plan that was developed privately or through the school
district; and
c. The services plan demonstrates that the child's special
needs are being addressed by persons qualified to provide special
education or related services.
2. Annually, the superintendent of the child's school district
of residence shall determine reasonable academic progress based
on the child's services plan.
3. If a parent fails to file a services plan as required by
this section, the parent is deemed to be in violation of the
compulsory school attendance provisions and may no longer supervise
the home education of the child.
4. A child who was once evaluated by a multidisciplinary assessment
team need not be reevaluated for a potential learning problem
upon scoring below the thirtieth percentile on a subsequent standardized
achievement test unless the reevaluation is performed pursuant
to the child's services plan.
15.1-23-14. Children with autism
- Home education.
Notwithstanding any other law, a parent may supervise home
education for a developmentally disabled child with autism if:
1. The child has been determined to be autistic by a licensed
psychologist;
2. The child's parent is qualified to supervise home education
under this chapter; and
3. The child's parent files with the superintendent of the
child's school district of residence:
a. A notice that the child will receive home education;
b. A copy of the child's diagnosis of autism prepared and
attested to by a licensed psychologist; and
c. A services plan developed and followed by the child's school
district of residence and the child's parent; or, after providing
written notice to the superintendent of the child's school district
of residence, a substitute services plan, developed and followed,
according to section 15.1-23-15, by
a services plan team selected by and compensated by the child's
parent.
15.1-23-15. Children with autism
- Home education - Progress reports.
1. On or before November first, February first, and May first
of each school year, a parent supervising home education for
an autistic child under section 15.1-23-14
shall file with the superintendent of the child's school district
of residence progress reports prepared by the services plan team
selected under section 15.1-23-14.
If at any time the services plan team agrees that the child
is not benefiting from home education, the team shall notify
the superintendent of the child's school district of residence
and request that the child be evaluated by a multidisciplinary
team appointed by the superintendent of the child's school district
of residence.
2. The superintendent of the child's school district of residence
shall forward copies of all documentation required by this section
to the superintendent of public instruction.
15.1-23-16. Home education - Participation
in extracurricular activities.
1. A child receiving home education may participate in extracurricular
activities either:
a. Under the auspices of the child's school district of residence;
or
b. Under the auspices of an approved nonpublic school, if
permitted by the administrator of the school.
2. For purposes of this section, a child participating under
the auspices of the child's school district of residence is subject
to the same standards for participation in extracurricular activities
as those required of full-time students enrolled in the district.
3. For purposes of this section, a child participating under
the auspices of an approved nonpublic school is subject to the
same standards for participation in extracurricular activities
as those required of full-time students enrolled in the school.
4. Once a child's parent has selected the public school district
or the approved nonpublic school in which the child will participate
for purposes of extracurricular activities and has provided notification
of the selection through the statement required by section 15.1-23-02, the child is subject to the
transfer rules as provided in the constitution and bylaws of
the North Dakota high school activities association.
15.1-23-17. (Effective through
June 30, 2005) Home education - High school diplomas.
1. A child's school district of residence, an approved nonpublic
high school, or the North Dakota division of independent study
may issue a high school diploma to a child who, through home
education, has met the issuing entity's requirements for high
school graduation provided the child's parent submits to the
issuing entity a description of the course material covered in
each high school subject, a description of the course objectives
and how the objectives were met, and a transcript of the child's
performance in grades nine through twelve.
2. In the alternative, a high school diploma may be issued
by the child's school district of residence, an approved nonpublic
high school, or the North Dakota division of independent study
provided the child, through home education, has completed at
least seventeen units of high school coursework from the
minimum required curriculum offerings established by law for
public and nonpublic schools and the child's parent or legal
guardian submits to the issuing entity a description of the course
material covered in each high school subject, a description of
the course objectives and how the objectives were met, and a
transcript of the child's performance in grades nine through
twelve. The issuing entity may indicate on a diploma issued under
this subsection that the child was provided with home education.
3. If for any reason the documentation required in subsection
1 or 2 is unavailable, the entity issuing the diploma may accept
any other reasonable proof that the child has met the applicable
requirements for high school graduation.
(Effective after June 30, 2005) Home education - High school
diplomas.
1. A child's school district of residence, an approved nonpublic
high school, or the North Dakota division of independent study
may issue a high school diploma to a child who, through home
education, has met the issuing entity's requirements for high
school graduation provided the child's parent submits to the
issuing entity a description of the course material covered in
each high school subject, a description of the course objectives
and how the objectives were met, and a transcript of the child's
performance in grades nine through twelve.
2. In the alternative, a high school diploma may be issued
by the child's school district of residence, an approved nonpublic
high school, or the North Dakota division of independent study
provided the child, through home education, has completed at
least twenty-one units of high school coursework from
the minimum required curriculum offerings established by law
for public and nonpublic schools and the child's parent or legal
guardian submits to the issuing entity a description of the course
material covered in each high school subject, a description of
the course objectives and how the objectives were met, and a
transcript of the child's performance in grades nine through
twelve. The issuing entity may indicate on a diploma issued under
this subsection that the child was provided with home education.
3. If for any reason the documentation required in subsection
1 or 2 is unavailable, the entity issuing the diploma may accept
any other reasonable proof that the child has met the applicable
requirements for high school graduation.
15.1-23-18. Home education - Liability.
No state agency, school district, or county superintendent
may be held liable for accepting as correct the information on
the statement of intent or for any damages resulting from a parent's
failure to educate the child.
15.1-23-19. Home education - State
aid to school districts.
For purposes of allocating state aid to school districts,
a child receiving home education is deemed enrolled in the child's
school district of residence if the child is monitored by an
individual who is licensed to teach by the education standards
and practices board or approved to teach by the education standards
and practices board and employed by the public school district
in which the child resides. A school district is entitled to
fifty percent of the per student payment provided in section
15.1-27-04 times the appropriate factor
in section 15.1-27-06 or 15.1-27-07
for each child receiving home education. If a child receiving
home education is enrolled in public school classes, proportionate
payments must be made. The total amount may not exceed the equivalent
of one full per student payment times the appropriate weighting
factor.
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